Moran v. Bd. Of Com'rs Of Chowan County

• Decision Date: 03 March 1915
• Docket Number: (No. 46.)
• Citation: 168 N.C. 289,84 S.E. 402
• Court: North Carolina Supreme Court
• Parties: MORAN. v. BOARD OF COM'RS OF CHOWAN COUNTY.

84 S.E. 402

168 N.C. 289

MORAN.

v.BOARD OF COM'RS OF CHOWAN COUNTY.

(No. 46.)

Supreme Court of North Carolina.

March 3, 1915.

Appeal from Superior Court, Chowan County; Justice, Judge.

Controversy submitted without action between James E. Moran, plaintiff, and the Board of Commissioners of Chowan County, defendant. From a judgment for defendant, plaintiff appeals. Affirmed.

H. L. Leary, of Edenton, for appellant.

Pruden & Pruden and W. S. Privott, all of Edenton, and S. Brown Shepherd, of Raleigh, for appellee.

CLARK, C. J. This is a controversy submitted without action. Chapter 479, Public Local Laws 1913, entitled "An act to establish a farm life school in Chowan county, " provides for the creation in "Edenton graded school" district, in Chowan county, of a school to be known as "Chowan County Farm Life School." After providing for the course of study and the purposes of the school and for its control and management, the act authorizes an election in said Edenton graded school district for the submission to the qualified voters thereof of the issue of bonds, in an amount not to exceed $25,000, and for the levy and collection of taxes to pay the principal and interest of said bonds, the proceeds of which to be used for the "construction and equipment" of said school. The election was held in conformity with law, and was regular in all respects, and the result was duly canvassed, and, being in favor of the issue of the bonds by a vote of 197 out of a total registered vote of 246, the county commissioners propose, pursuant to said act, to issue said bonds to an amount not to exceed $25,000, as authorized by the act and by the election held thereunder.

The plaintiff, who was not a resident in said school district, attacks the validity of the bonds upon the ground (1) that by section 7 of said act the county commissioners of Chowan county shall provide annually, by taxation or otherwise, not less than $2,500 for the maintenance of said school. It is true article 7, § 7, of the Constitution, prohibits any county to levy any tax, "except for the necessary expenses thereof, unless by a vote of a majority of the qualified voters therein"; and it has been held that the maintenance of schools is not a "necessary expense" of the county. Rigsbee v. Durham, 98 N. C. 81, 3 S. E. 749; Goldsboro Graded School v. Broadhurst, 109 N. C. 232, 17 S. E. 781; Rodman v. Washington, 122 N. C. 39, 30 S. E. 118; Bear v. Com'rs, 124 N. C. 204, 32 S. E. 558, 70 Am. St. Rep. 586; Hollowell v. Borden, 148 N. C. 255, 61 S. E. 638; Ellis v. Trustees, 156 N. C. 13, 72 S. E. 2. But there is nothing in this act which makes the validity of this election, and of the bonds issued thereunder, dependent upon the validity of this appropriation by the county commissioners for its maintenance. This case is not like Winston v. Trust Co., 158 N. C. 512, 74 S. E. 611, as is explained in Briggs v. Raleigh, 166 N. C. 150, 81 S. E. 1084. Nor is it like McCrackin v. Railroad, 168 N. C. ——, 84 S. E. 30,...